The former chief executive of Qwest, the nation's fourth-largest phone company, rebuffed government requests for the company's calling records after 9/11 because of "a disinclination on the part of the authorities to use any legal process," his lawyer said yesterday. The statement on behalf of the former Qwest executive, Joseph P. Nacchio, followed a report that the other big phone companies — AT&T, BellSouth and Verizon — had complied with an effort by the National Security Agency to build a vast database of calling records, without warrants, to increase its surveillance capabilities after the Sept. 11 attacks.
Those companies insisted yesterday that they were vigilant about their customers' privacy, but did not directly address their cooperation with the government effort, which was reported on Thursday by USA Today. Verizon said that it provided customer information to a government agency "only where authorized by law for appropriately defined and focused purposes," but that it could not comment on any relationship with a national security program that was "highly classified." Legal experts said the companies faced the prospect of lawsuits seeking billions of dollars in damages over cooperation in the program, citing communications privacy legislation stretching back to the 1930's.
A federal lawsuit was filed in Manhattan yesterday seeking as much as $50 billion in civil damages against Verizon on behalf of its subscribers. For a second day, there was political fallout on Capitol Hill, where
Senate Democrats intend to use next week's confirmation hearings for a new C.I.A. director to press the Bush administration on its broad surveillance programs. (Page A13.) As senior lawmakers in Washington vowed to examine the phone database operation and possibly issue subpoenas to the telephone companies, executives at some of the companies said they would comply with requests to appear on Capitol Hill but stopped short of describing how much would be disclosed, at least in public sessions.
"If Congress asks us to appear, we will appear," said Selim Bingol, a spokesman at AT&T. "We will act within the laws and rules that apply." Qwest was apparently alone among the four major telephone companies to have resisted the requests to cooperate with the government effort. A statement issued on behalf of Mr. Nacchio yesterday by his lawyer, Herbert J. Stern, said that after the government's first approach in the fall of 2001, "Mr. Nacchio made inquiry as to whether a warrant or other legal process had been secured in support of that request."
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